In Defense of Title IX
Fall 2017 | By Laura J. Cole
Catherine Kaukinen, professor and chair of the criminal justice department, assumed changes to Title IX would follow shortly after President Trumpâs election. Like many other Title IX scholars, sheâd been following Secretary of Education Betsy DeVosâ every announcement. And on September 22 â nearly two months after the book Kaukinen co-edited, Addressing Violence Against Women on College Campuses, was released â DeVosâ Title IX announcement came.
Responding to complaints, DeVos rescinded the guidelines put in place under the Obama administration because âmany schools have established procedures for resolving allegations that âlack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation.â â
That same day, ±Ê±đČ”ČčČőłÜČőÌęinterviewed Kaukinen about the history of Title IX, what it does right, what UCF has been doing and what DeVosâs announcement means for college campuses.
Laura J. Cole: For 45 years, Title IX has perhaps been best known as the historic decision to stop discrimination against women in collegiate sports. For those who donât know, how did it also come to cover sexual assault?
Catherine Kaukinen: Title IX has always included nondiscriminatory treatment of women, which was broadly defined to include athletics, but also admissions, recruitment and, particularly, sexual harassment.
Clearly, the 2011 âDear Colleagueâ letter [issued by the Office for Civil Rights] codified what it means when we say harassment. Harassment includes sexual violence. It seems really obvious now â why wouldnât sexual assault, which is the most severe form of sexual harassment, be included? â but to have that codified led to a cascading effect in terms of some of this later legislation now in place. It makes universities accountable to ensure they provide a safe campus and redress sexual violence within a timely manner.
I think Title IX is a game-changer in terms of safeguarding studentsâ rights during investigations and providing services for victims.
LJC: With or without Title IX, how do you think universities should address complaints of sexual violence? Why not leave that to local police departments?
CK: First and foremost, universities should provide a safe campus.
When it comes to sexual violence on campus, the majority of campuses are not accurately reporting it. A recent study found that more than 89 percent of colleges reported no sexual violence on their campuses, an improbability given other data suggests the reverse is true. Campuses that accurately report sexual violence statistics have large numbers â those are campuses doing something about it. Theyâre providing a safe place for their students. Theyâre redressing crime.
The most important reason why we donât or why we shouldnât rely on city-level or county-level law enforcement is because the majority of rapes are never reported to the police. Among college-age students, 90 percent are not reporting their assaults. If we arenât dealing with it on campus, we make this false assumption that local law enforcementâs going to deal with it, but reports rarely make it there. If they do, thereâs a small chance it will go to trial and an even smaller probability that there will be a conviction.
When a victim comes forward, campuses have an opportunity to report the assault. If the victim doesnât want to legally prosecute, the university can still provide assistance, accommodations and a whole host of services to ensure that students stay on the campus and finish their degree.
LJC: You hear a lot about women and sexual assault, but Title IX also covers sexual assault against men. Can you discuss how many men experience this and why itâs not reported?
CK: Yes. There are some estimates that assert roughly 8 percent of college men experience some type of sexual assault, which covers a whole continuum of behaviors. Men are sexually assaulted by both women and other men.
Thereâs a stigma associated with all of those experiences for young men. Being the victim of sexual assault leads to fear of being disbelieved, accused of weakness or, in the case of heterosexual men, being perceived as gay. And being sexually assaulted by a woman carries the stigma that men should want and be ready for sex at all times.
For men, itâs particularly challenging to report any crime, especially sexual violence. Men are less likely to report all types of violence, as compared to women, because of the belief that they should be able to defend themselves.
LJC: What are some things you think Title IX does right, and where do you think it could be improved?
CK: The 2011 âDear Colleagueâ letter ensured that victims of sexual assault are protected, so for victims it is 180 degrees from what it was. Is it perfect? No, for victims there are still problems if universities donât have policies and procedures put in place. For example, smaller universities often struggle to hire attorneys with Title IX expertise. On a big campus like UCF, we can afford attorneys who specialize in cheating, drugs, alcohol and sexual violence, but this isnât a federally funded mandate. Thereâs no federal money available to help universities do this.
I donât think Betsy DeVosâ main concern is victims. Rather, it is a perceived failure to ensure due process for accused individuals, which is largely part of a backlash to progress made for victims. I agree that we could do better, but doing better does not mean undoing where we are. It means continuing to move forward rather than going back to when we did nothing.
LJC: How is UCF addressing sexual violence on campus?
CK: Iâm part of the universityâs Title IX task force. Itâs a large group run by Dawn Welkie, whoâs the Title IX coordinator for the campus. We meet monthly to discuss compliance and crime prevention, address the crimes that the university is aware of as well as conduct and disciplinary functions.
Iâm incredibly impressed with UCFâs commitment to Title IX because, again, itâs an unfunded mandate, and the university has committed a sizeable amount of money and staff time to be both compliant and innovative in how it deals with issues related to Title IX. Our new campaign, , lets victims know that the university is committed to reaching out and protecting them. Itâs a huge step for a campus to make such a bold statement. We also require all students to complete an online sexual assault awareness module before the end of their first semester.
Recently, UCF committed $1.25 million to start a new five-member faculty cluster to conduct research on violence against women, broadly defined. Iâm part of that cluster along with co-lead Jana Jasinski [associate dean of the and a professor of sociology]. The clusterâs goal is to expand our ability to research violence against women in terms of health outcomes â mental health, behavioral health and physical health. It will also incorporate a public health perspective, not just an individual level perspective, by examining how this violence impacts public health.
We are excited that UCF has committed substantial resources to support the faculty and establish UCF as a leader in this area.